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TIJANI IKOTUN V. OBA SAMSON OYEKANMI & ANOR.

(2008) JELR 47161 (SC)

Supreme Court  •  SC.166/2001  •  11 Apr 2008  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; SUNDAY AKINOLA AKINTAN JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

C.M. CHUKWUMA-ENEH, J.S.C.: (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Ibadan Division (lower court) dated 28/11/1996. The lower court allowed the appeal and set aside the decision of the trial court in the penultimate paragraph to the end of its judgment at page 107 of the record it held as follows:

"I think quite clearly suit HIL/5/72 is conclusive proof that the respondent was neither the owner of the land in dispute, nor in possession of it or a tenant. In the Circumstances, I am satisfied that by virtue of the judgment in exhibit 'D' the respondent was estopped from opening the matter again and instituting the present action in the lower court for exhibit D is a judgment in rem. The fact that the claims are the same as the claims in the present case is noteworthy ..."

The plaintiff, (that is, respondent) in the lower court being dissatisfied with the decision has appealed to the court as per the original notice of appeal dated …

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